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(영문) 전주지방법원 군산지원 2013.10.30 2013고단962
근로기준법위반등
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant, as the actual owner of the Gunsan-si (YAC), is a person who ordinarily employs 30 workers and operates a manufacturing business. The defendant is employed from November 26, 2012 to March 31, 2013 at the above workplace.

In addition to the fact that wages of KRW 1,327,121 to retired workers D were not paid on February 2013, 2013, the total wages of KRW 13,898,240 did not be paid within 14 days from the date of retirement, as shown in the attached Table of Crimes (1), Nos. 1, 4, 7, 11, and 16.

Summary of Evidence

Application of Acts and subordinate statutes of the defendant's legal statement, each petition, wages and retirement allowances payment confirmation;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Summary of facts charged concerning the dismissal of prosecution pursuant to Article 334(1) of the Criminal Procedure Act: The defendant shall work in the above workplace as stated in the attached Table (1) No. 2, 3, 5, 6, 8, 9, 10, 12, 13, 14, 15, 17, 18, 19, and 20 of the daily list of crimes (1) of the attached Table of Crimes (1)

The 62,177,297 of wages of 15 workers were not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties (violation of Labor Standards Act), and (2) as described in the attached Table Nos. 3, 6, 8, 10, 14, 17, 18, 201 of the total amount of eight retirement allowances of 32,63,701 workers were not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

(Violation of the Guarantee of Workers' Retirement Benefits Act). Each penalty is not imposed, Article 327 subparagraph 6 of the Criminal Procedure Act.

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